Stevens v. Motherwell Entertainments, Ltd and Another [1914] ScotLR 818 (16 July 1914)

Stevens v. Motherwell Entertainments, Ltd and Another [1914] ScotLR 818 (16 July 1914)

The amendment should be allowed to ensure the real question in controversy is determined, but only on condition that the reclaimers pay the respondent's taxed expenses since the closing of the record within one month.

Citation
[1914] ScotLR 818
Parties
Pursuer: James Cousin Stevens; Defender: Motherwell Entertainments Limited; Defender: Robert Colburn Buchanan
Jurisdiction
Scotland
Judgment Date
16 July 1914
Procedural Posture
Civil / Reclaiming Motion (appeal) After Proof and Decree
Outcome
amendment allowed on condition of payment of expenses
Legal Topics
Amendment of Record, Expenses, Court of Session (scotland) Act 1868, Printing of Notes of Evidence
Civil Procedure Amendment of Record Expenses Court of Session (scotland) Act 1868 Printing of Notes of Evidence

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Parties

James Cousin Stevens

Pursuer

Motherwell Entertainments Limited

Defender

Robert Colburn Buchanan

Defender

Procedural Posture

Civil / Reclaiming Motion (appeal) After Proof and Decree

Legal Issues

  1. 1 Whether amendment of the record should be allowed after proof and decree
  2. 2 Whether failure to print notes of evidence with reclaiming note is fatal to the reclaiming motion

Ratio Decidendi

The amendment should be allowed to ensure the real question in controversy is determined, but only on condition that the reclaimers pay the respondent's taxed expenses since the closing of the record within one month.

Court Disposition

amendment allowed on condition of payment of expenses

Orders

  • Amendment to record allowed on condition defenders pay pursuer within one month the taxed expenses incurred since closing of record
  • Remit account of expenses to Auditor to tax or report